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What We Talk About When We Talk About Property Rights - A Response To Carol M. Rose’S ‘Property As The Keystone Right?’, J. Peter Byrne
What We Talk About When We Talk About Property Rights - A Response To Carol M. Rose’S ‘Property As The Keystone Right?’, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
In Property as the Keystone Right?, Professor Carol Rose examines the claim that the protection of property is an important-indeed, the most important-right conferred by our constitutional order. Although the equality of property rights with other constitutionally protected rights occasionally has been questioned, such instances are far outweighed by instances of rhetorical insistence upon the bedrock nature of individual property rights for our constitutional and democratic order. With the recent collapse of statist economies in other parts of the world, and the attempted transformation of those economies into market-driven, capitalist systems, the American idea of constitutional protection of individual property …
Dual Regulation, Collaborative Management Or Layered Federalism: Can Cooperative Federalism Models From Other Laws Save Our Public Lands?, Hope M. Babcock
Dual Regulation, Collaborative Management Or Layered Federalism: Can Cooperative Federalism Models From Other Laws Save Our Public Lands?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Few would assert that the current governance model for managing the nation's public lands, which grants exclusive authority to the federal government, has protected the natural resource values of those lands or provided a framework for the harmonious resolution of conflicts over their use. Dissatisfaction is apparent from recurrent proposals to privatize public lands or to devolve their ownership to the states. The emergence of the "wise use" and "county supremacy" movements directly challenges the authority of the federal government to manage its land. While this new state and local assertiveness is not without historical basis nor completely without merit, …